Designated for publication Duncan, J. (Dennis, Willett, Duncan), criminal, sentencing Affirming 240-month sentence on conviction of conspiracy to receive and distribute child pornography. The Court held “that (1) United States v. Halverson, 897 F.3d 645 (5th Cir. 2018), does not require a defendant to actually receive ‘valuable consideration’ in exchange for distributing child pornography under … More February 18, 2025, opinions
Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions
Designated for publication Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud). Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing Vacating special … More December 6, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Graves, Willett), Title VII Affirming summary judgment dismissal of sex discrimination Title VII claim. per curiam (Stewart, Haynes, Higginson), criminal, compassionate release Dismissing as frivolous appeal from denial of motion for compassionate release. per curiam (Jolly, Jones, … More December 3, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Duncan, J. (Haynes, Willett, Duncan), administrative law Granting stay pending review of DOT rule regulating airlines’ disclosure of fees to consumers during the booking process, and expediting review. (Judge Haynes would only grant a brief administrative stay so that the expedited merits panel could decide the issue of stay). The Court held … More July 26-29, 2024, opinions
Designated for publication Oldham, J. (joined by Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Elrod, J., concurring (joined by Ho, Engelhardt, JJ.); Ho, J., concurring; Stewart, J., dissenting (joined by Richman, Southwick, Haynes, Graves, Higginson, Douglas, JJ.); Higginson, J., dissenting (joined by Stewart, Southwick, Graves, Douglas, JJ.); nondelegation doctrine On en banc rehearing, … More July 24, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., concurring in judgment; criminal, sufficiency of evidence, timeliness, restitution Reversing conviction for bankruptcy fraud, but affirming conviction for tax evasion and order of restitution as condition of supervised release. The Court held that the defendant’s indictment for bankruptcy fraud should have been dismissed as untimely, … More July 23, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions
